Cox Communications, Inc. v. Sony Music Entertainment, Case No. 24-171 (2026).
An internet service provider is not contributorily liable for its subscribers' copyright infringement merely because it had knowledge that its service was being used by some subscribers to infringe, as contributory copyright liability requires proof that the provider either affirmatively induced the infringement or provided a service tailored for infringement.
All Dry USA v. Savell, Case No. 1D2024-1700 (Fla. 1st DCA 2026).
Failure to comply with case management deadlines alone does not justify striking a party's pleadings and a trial court may not strike pleadings as a sanction for discovery violations under Florida Rule of Civil Procedure 1.380(b)(2), absent an express written finding that the party willfully and deliberately disregarded a court order.
Watkins v. Corbett, Case No. 2D2025-0214 (Fla. 2d DCA 2026).
The fact that the offerees owned property as tenants by the entireties does not excuse the proponents from the strict apportionment requirement of Florida Rule of Civil Procedure 1.442, which requires an offer must apportion the amount and terms attributable to each party.
Lincolnshire Maximo LLC v. Marina Walk, LLC, Case No. 2D2025-0037 (Fla. 2d DCA 2026).
Use of a drainage pipe on another's property is presumed permissive under Florida law, and the burden rests on a prescriptive easement claimant to overcome that presumption by clear and positive proof of adverse use.
Ybor Properties, LLC v. City of Tampa, Case No. 2D2025-1535 (Fla. 2d DCA 2026).
A circuit court exercising first-tier certiorari review departs from the essential requirements of law by affirming a city council's rejection of a hearing officer's recommended order when the city council substituted its own factual findings for those of the hearing officer, concluded the zoning administrator lacked authority to rescind his own formal decision, and issued a written order with materially different findings and conclusions than those announced orally after the vote.
Avesta Communities, LLC v. Fred, Case No. 2D2025-0367 (Fla. 2d DCA 2026).
A trial court abuses its discretion when – without making any finding of prejudice to the opposing party – excludes a witness from testifying at an evidentiary hearing on a motion to disqualify counsel solely because the witness was not listed on the moving party's witness list, particularly where the opposing party itself listed the same witness and the proffered testimony remained within the scope of a previously produced sworn declaration.
601 Cuda Properties, LLC v. Monroe County Board of County Commissioners, Case No. 3D24-2101 (Fla. 3d DCA 2026).
An administrative agency need not conduct an evidentiary hearing before dismissing a petition for administrative review based on untimeliness when no genuine factual disputes exist, and equitable tolling of a filing deadline is unavailable where the petitioner fails to allege that any misleading or lulling communication by the agency caused the untimely filing.
Miami-Dade County v. Garavan, Case No. 3D25-0014 (Fla. 3d DCA 2026).
The Florida Public Whistleblower Act does not expressly and unequivocally waive sovereign immunity for non-economic damages, and accordingly, such damages are not recoverable against a governmental sovereign.
Hare v. McLaughlin, Case No. 4D2025-2001 (Fla. 4th DCA 2026).
A partial final judgment resolving fewer than all counts of a multi-count complaint is not appealable under Florida Rule of Appellate Procedure 9.110(k) where the unresolved counts are interdependent with the resolved counts; however, certiorari is available to review the propriety of authorizing post-judgment collection on such a non-final, non-appealable partial judgment.
Marvin v. Jones, Case No. 4D2025-0414 (Fla. 4th DCA 2026).
A general release consisting of a single, eighteen-word sentence that fails to define the claims released or impose a temporal limitation is ambiguous and cannot, as a matter of law, bar subsequent claims for equitable ownership by constructive trust or for fraudulent misrepresentation.
Jhelum Enterprises, LLC v. Desmarais, Case No. 4D2025-0554 (Fla. 4th DCA 2026).
Un-accessed funds in a homeowner's reverse mortgage line of credit retain Florida's constitutional homestead exemption from levy until the homeowner actually draws the funds.
John F. Schutz, P.L. v. Ally Financial Inc., Case No. 4D2024-2838 (Fla. 4th DCA 2026).
An attorney's notice of charging lien that fails to identify the specific assets to which the lien attaches or the amount of fees owed is insufficient to impose liability on a third-party financial institution that was not a party to the underlying litigation and did not provide funds to obtain or pay a settlement or judgment.
Sable Pass Community Association, Inc. v. Call, Case No. 4D2024-3084 (Fla. 4th DCA 2026).
The statutory exemption from the Florida Building Code for chickee huts under Florida Statutes section 553.73(10)(i) does not exempt a structure from a homeowners' association's deed restriction approval requirements.
